Imposition of penalty under Section 77 and 78 of the Finance Act, 1994 when penalty under Section 76 thereof was waived off
Last updated: 19 January 2015
Court :
Hon’ble CESTAT, Mumbai
Brief :
It was found that there were substantial grounds for taking lenient view as it indicates that Appellate could not have any mala fide intention to evade payment of Service tax and even Adjudicating Authority waived the penalty under Section 76 by taking cover Section 80 of the Finance Act as tax had been paid prior to issue of show cause notice and that the unit is registered under BIFR.
Citation :
Garodia Special Steels Ltd Vs. Commissioner of Central Excise, Raigad [2014-TIOL-2638-CESTAT-MUM]
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Bimal Jain
Published in Service Tax
Views : 2612
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